Davao folk seek SC hand to stop aerial pesticide spraying

Residents of Davao City have filed a petition before the Supreme Court urging the high tribunal to order a stop to aerial spraying of pesticides and fungicides in banana plantations which they say pose a danger to their health.

In a petition, the group led by lawyer Arnold de Vera urged the high court to uphold the constitutionality of a Davao City ordinance two years ago prohibiting the use of aerial spraying in agriculture industry in the city.

The group is appealing the Court of Appeals (CA) decision earlier this year declaring Davao City Ordinance 0309-07, otherwise known as “An Ordinance Banning Aerial Spraying as an Agricultural Practice in all Agricultural Entities in Davao City,” unconstitutional.

In invoking their fundamental right to life, the petitioners said aerial spraying operations caused damage and posed danger to the health of residents of communities around the banana plantations, including skin and respiratory problems.

Petitioners claimed that the cost of aerial spray operations in banana plantations of big companies far outweigh the benefits.

They said the fear of the firms that pest attacks – if not prevented by aerial spraying of pesticides and fungicides – could lead to bankruptcy and loss of jobs should be secondary to the right of the residents to live in a hazard-free environment.

“Through this case, we seek to regain for the residents of Davao the protection given by their Sanggunian. The petitioners are appealing for the SC to uphold an ordinance that allows them to live free from unwanted spraying,” De Vera, also executive director of the

Sentro ng Alternatibong Lingap Panligal, said.

Other groups, including National Task Force Against Aerial Spraying (NTFAAS), joined the farmers and Davao residents in filing the case before the SC.

“We are certain that the highest tribunal will see clearly that aerial spraying of pesticide on unwitting victims, an issue upon which it will pass its judgment, is simply based on a basic constitutional right which is the right to life and the power of government to mandatorily protect it,” Rene Pineda of NTFAAS said.

Alfredo Calud, a farmer from Calinan, Davao City, said they are fighting for their life that aerial spraying has gravely affected. “Our life is far more important than the profit that they want to protect,” he told reporters.

Calud is among the members of the Mamamayan Ayaw sa Aerial Spraying (MAAS) from Compostela Valley, Davao del Norte, Davao del Sur and Davao City who have come to Manila to bring their appeal for support to the ban on aerial spraying.

In March 2007, the city council passed Ordinance 0309-07, which aimed to prohibit companies from spraying fungicides over bananas from airplanes in 1,800 hectares out of the total 5,000 hectares of banana plantations in the city.

But PBGEA, an association of 18 banana corporations led by Davao Fruits Corp. and Lapanday Agricultural and Development Corp. filed a civil case in September 2007 at the Regional Trial Court (RTC) Branch 17 of Davao City questioning the constitutionality of the ordinance. –Benjamin B. Pulta, Daily Tribune